Montgomery v Joyce

• Jurisdiction: Ireland
• Judgment Date: 01 January 1930
• Date: 01 January 1930
• Court: Supreme Court (Irish Free State)

[S. C., I.F.S.],

Montgomery

and

Joyce

In whom vested when lands adjoining are taken over by Land Commission - Appurtenant to - Meaning of -Land Law (Ireland) Act, 1881 (44 and 45 Vict. c. 49), s. 5 - Land Act, 1923 (No. 42 of 1923), ss. 40 and 45 - Land Act, 1927 (No. 19 of 1927), s. 41 - Land Act, 1929 (No. 31 of 1929), ss. 3, 4 and 5.

Although part of the bed of a river may be included in a holding, it does not necessarily give to the tenant the fishing right in that portion of the river, nor does it make the right appurtenant to the holding. Although under s. 45 of the Land Act, 1923, all fishing rights appurtenant to a holding shall vest in the Land Commission at the same time as the holding vests, yet the Land Commission, if it considers it neither equitable nor advisable, has the power under s. 3 of the Land Act, 1929, to declare that such fishery is not vested. Tenants and landlords have, under s. 4 of the Land Act of 1929, the right to appeal against...